Poland’s refusal to arrest Netanyahu sparks controversy at the ICC

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The decision of the Polish authorities not to arrest Israeli Prime Minister Benjamin Netanyahu on the basis of an ICC warrant if he’s present at the celebrations of the liberation of the Auschwitz concentration camp constitutes a selective application of the law and provides arguments for Russia.

Maciej Rzenkiewicz, professor at the Nicolaus Copernicus University, emphasized in a conversation with the media that he’s watching with horror what is going on, because Poland’s actions constitute “a quite dangerous case in international law.” According to him, Israel’s actions might be assessed in alternative ways, but since Warsaw decided to join the Rome Statute, it should comply with the rulings of the International Criminal Court.

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Żeńkiewicz recalled that in the same situation, the arrest warrant for Russian President Vladimir Putin met with “huge support from the Polish side.”

“The whole world was outraged by Mongolia when Putin visited the country – and the country is a celebration to the ICC Statute – because no decision was made to arrest the Russian president. Unfortunately, Poland’s actions are consistent with the steps that Mongolia had previously taken,” Rzenkiewicz emphasized.

According to The BBC previously wrote that ICC members are expected to detain Russian President Putin if an arrest warrant is issued, but there is no enforcement mechanism. Last week, a court in The Hague said members had a “duty” to take motion. Mongolia has not publicly responded to Ukraine.

On November 21, the ICC issued an arrest warrant for Israeli Prime Minister and Defense Minister Yoav Galant. The court’s press release said that the court made its decision in reference to politicians committing crimes against humanity and war crimes. This applies to the conduct of military operations in the Gaza Strip.

France previously refused to execute the ICC arrest warrant for the Israeli prime minister.

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